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Sunday June 26, 2022

SHC restrains authority from using private housing society’s land for cattle market

May 29, 2022

The Sindh High Court (SHC) has restrained the relevant authorities from utilising 40 acres of the Kutchi Memon Cooperative Housing Society to establish a cattle market for scarification animals in Gulzar-e-Hijri Sector 21-A.

The interim order came on a petition of the housing society against use of its land for the purpose of establishing the cattle market.

The housing society submitted that it had communicated the relevant authority about the damages incurred by it due to the annual sacrificial animal market and asked it to inspect the society’s land and compensate it after evaluating the damages.

A counsel for the petitioner submitted that the respondent did not respond to the petitioner’s request about the compensation for the last several years and now it was again attempting to forcibly use the subject land for the purpose of the cattle market.

The high court was requested to declare that the respondents had not legal authority or right to forcibly hold the cattle market for sacrificial animals on the petitioner’s land and restrain the respondents and their agents from holding the cattle market there or causing any damage to the housing society’s development work in any manner whatsoever.

A division bench of the SHC headed by Justice Syed Hasan Azhar Rizvi after hearing the arguments issued notices to the relevant authority and others and called their comments. In the meantime, the high court restrained the respondents from interfering in the possession of the petitioner’s land.

Notice to ACE

The SHC issued notices to the Sindh prosecutor general, advocate general, Anti-Corruption Establishment and others on a petition against sealing of 232 tractors of a businessman.

The petitioner, Shahzad Riaz, and others had submitted in the plea that they were running a business of tractor imports in Pakistan and being victimised by ACE at the behest of a business rival, Omni group, which had strong connections with the ruling Pakistan Peoples Party.

The SHC was informed that ACE had earlier stated that only two FIRs were registered against the petitioner company over an inquiry initiated in 2008 and no other case was pending against them. However, the establishment had now registered a new case against the petitioner and without any intimation notice, issued the sealing order for its warehouse situated in Gulshan-e-Hadeed where 232 tractors were kept.

Riaz submitted that the impugned action by the respondents and locking of the 232 tractors were continuity of harassment by ACE at the behest of his rival group. He requested the high court to declare that ACE’s act of sealing the petitioner’s warehouse premises was unlawful, and restrain the respondents from further harassment.

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